Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/248/2025 MAYNAL HAQUE S/O LATE MAHAR ALI, R/O BHERALDI, PS. BARPETA, DISTRICT BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.02.2025
Heard Mr. S. Munir, the learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, the learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioner Maynal Haque in respect of Paltanbazar P.S. Case No. 13/2025.
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3. On 15.01.2021, thieves entered into the house of the informant and escaped with some gold ornaments.
4. The petitioner runs a Jewellery shop at Barpeta. He claims that a person called Mokibul Hussain had come to his shop and stated to him that because for the treatment of his mother, he wanted to sell some gold ornaments belonging to his wife. Accordingly, the present petitioner purchased two ear rings and one finger ring.
5. During investigation of the said case, police recovered those ear rings and the finger ring alongwith some other ornaments, which the petitioner claims that those ornaments belong to other persons.
6. Today after considering the submissions made by the learned counsel of both sides, this Court has decided to agree that the petitioner was a bona fide purchaser of the gold ornaments.
7. Therefore, the petitioner does not deserve to be detained in custody. His bail application is allowed.
8. It is hereby directed that in the event of arrest in connection with Paltanbazar P.S. Case No. 13/2025, the petitioner Maynal Haque shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority.
9. The petitioner shall appear before Investigating Officer and shall co-operate with the investigation as and when called for. With the aforesaid direction, the bail application is disposed of. The CD shall be returned. JUDGE Comparing Assistant